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201900606
<br />a. Pursuant to Section 120 (h) (4) of the Comprehensive Environmental Response,
<br />Compensation, and Liability Act, as amended, 42 U.S.C. Section 9601 et seq. (CERCLA), the
<br />United States Army has identified the Property as real property on which no hazardous substances
<br />and no petroleum products or their derivatives were known to have been released or disposed of.
<br />The Grantor covenants and warrants to the Grantee that in the event that any response action or
<br />corrective action is found to be necessary after the date of this conveyance as a result of hazardous
<br />substances or petroleum products or their derivatives existing on the Property prior to the date of
<br />this conveyance, such response action or corrective action shall be conducted by the Grantor.
<br />b. The United States Army reserves a right of access to all portions of the Property for
<br />environmental investigation, remediation or other corrective action. This reservation includes the
<br />right of access to and use of available utilities at reasonable cost to the United States Army. These
<br />rights shall be exercisable in any case in which a remedial action, response action or corrective
<br />action is found to be necessary after the date of this conveyance, or in which access is necessary
<br />to carry out a remedial action, response action, or corrective action on adjoining property. Pursuant
<br />to this reservation, the United States Army, and its respective officers, agents, employees,
<br />contractors and subcontractors shall have the right (upon reasonable notice to the record title
<br />owner) to enter upon the Property and conduct investigations and surveys, to include drilling, test -
<br />pitting, borings, data and records compilation and other activities related to environmental
<br />investigation, and to carry out remedial or removal actions as required or necessary, including but
<br />not limited to the installation, operation, and removal of monitoring wells, pumping wells, and
<br />treatment facilities. Any such entry, including such activities, responses or remedial actions, shall
<br />be coordinated with record title owner and shall be performed in a manner that minimizes
<br />interruption with activities of authorized occupants. The United States Army will provide the
<br />record title owner reasonable advance notice of such activities, responses, or remedial actions. This
<br />subparagraph shall not affect the Grantor's future responsibilities, if any, to conduct response
<br />actions or corrective actions that are required by applicable laws, rules and regulations.
<br />IV. SPECIFIC ENVIRONMENTAL NOTICES, EXCEPTIONS, RESERVATIONS,
<br />AND COVENANTS AFFECTING THE PROPERTY
<br />This conveyance is expressly made subject to the following environmental notices, exceptions,
<br />reservations, and covenants affecting the property hereby conveyed to the extent and only to the
<br />extent the same are valid and affect the property, and shall be considered as covenants running
<br />with the land and binding on all parties having any right, title or interest in the property, or any
<br />part thereof, their heirs, successors and assigns.
<br />a. Federal Facility Agreement
<br />The Grantee acknowledges that Cornhusker Army Ammunition Plant has been identified as a
<br />National Priority List (NPL) site under the Comprehensive, Environmental, Response,
<br />Compensation and Liability Act (CERCLA) of 1980, as amended. A copy of the Cornhusker Army
<br />Ammunition Plant Federal Facility Agreement (FFA), entered into by the United States
<br />Environmental Protection Agency (EPA) Region VII, the State of Nebraska, and the Department
<br />of the Army, effective September 1990, and a copy of any amendments thereto, are available for
<br />the Grantee's review at the Office of the Commander's Representative. The Grantee agrees that
<br />should any conflict arise between the terms of the FFA as they presently exist or may be amended,
<br />and the provisions of this property transfer, the terms of the FFA will take precedence. The Grantee
<br />further agrees that notwithstanding any other provisions of the property transfer, the United States
<br />assumes no liability to the person or entity to whom the property is transferred should
<br />implementation of the FFA interfere with their use of the property. The Grantee or any subsequent
<br />transferee, shall have no claim on account of any such interference against the United States or
<br />any officer, agent, employee or contractor thereof.
<br />b. Environmental Baseline Survey (EBS) and Finding a Suitability to Transfer (FOST)
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